Research Report
Ⅰ. Background and Purpose
□ Background of this study
○ Even though the government has designed various improvement plans in consideration of the protection of rights, etc. by the subject of rights according to the adoption and reflected such plans to the relevant laws, lots of practical problems have been still occurred.
○ It is a necessary situation to analyze and improve the practical problems according to these adoption-related legal systems in the viewpoint of legal system.
□ Purpose of this study
○ The purpose of this study is to study plans for improving national welfare-oriented and effective adoption-related legal system around the「Act on Special Cases concerning Adoption」.
Ⅱ. Main Contents
□ Relevant Legal System in Korea
○ Composition of「Civil Law」 and individual laws
- The Civil Law, the Act on Special Cases concerning Adoption, the Act on Family Relation Registration, Etc., and the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.
□ Methods of improving the legal system
○ Legislative systematic viewpoint
- Even though adoption-related laws provide different age standards according to the purpose of individual laws, it is reasonable to adjust the age standard to the basis of 13 years-old as provided under the Civil Law in the aspect of protecting an adopted person.
- It is necessary to clarify the abstract adoption-related regulations in the「Civil Law」 and the「Act on Special Cases concerning Adoption」.
○ Legal systematic aspect
- The domestic adoption preference promotion system or the adoption deliberation system and the adoption approval system are somewhat reasonable, but it is necessary to convert the birth notice system to the birth registration system.
Ⅲ. Expected Effect
□ Suggestion of the legal directionality about Adoption.
○ Supply of the legislative data of legal system relating to the Amendment
○ Utilization as the policy and legislation data in establishing the policy of each department and improving the legal policy of each department.